North Carolina Farm Act of 2025.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 5
SENATE BILL 639
Agriculture, Energy, and Environment Committee Substitute Adopted 4/30/25
Judiciary Committee Substitute Adopted 5/6/25
Finance Committee Substitute Adopted 5/7/25
Fifth Edition Engrossed 6/17/25

Short Title: North Carolina Farm Act of 2025. (Public)
Sponsors:
Referred to:
March 26, 2025
*S639-v-5*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIO US CHANGES TO THE AG RICULTURAL LAWS OF T HIS 2
STATE. 3
The General Assembly of North Carolina enacts: 4
5
AGRICULTURAL WATER PLAN UPDATE 6
SECTION 1.(a) The Department of Agriculture and Consumer Services shall update 7
the Strategic Plan for Protecting Agricultural Water Resources in North Carolina established in 8
S.L. 2010-149 to include all of the following: 9
(1) Water infrastructure needs to increase access and long-term storage capacity. 10
(2) Water conservation and reuse practices. 11
(3) Cost-share assistance needed to incentivize (i) construction of water 12
infrastructure to increase access and long -term storage capacity and (ii) 13
implementation of water conservation and reuse practices. 14
(4) Methods to identify best management practices for temporary water storage 15
and retention to mitigate downstream flooding. 16
(5) Methods to identify best management practices to reduce the impact of 17
flooding on agricultural lands. 18
(6) Methods to design incentive programs to compensate landowners that 19
participate in flood mitigation programs. 20
SECTION 1.(b) The Department of Agriculture and Consumer Services shall report 21
to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic 22
Resources by October 1, 2026, on the development of the plan and any legislative changes needed 23
to implement the plan. 24
25
FERAL SWINE WORKING GROUP 26
SECTION 2.(a) There is authorized and housed administratively within the Wildlife 27
Resources Commission the Feral Swine Working Group. The Working Group shall consist of 10 28
members, as follows: 29
(1) The Executive Director of the North Carolina Wildlife Resources 30
Commission or the Executive Director's designee, who shall serve as cochair. 31
(2) The Commissioner of Agriculture or the Commissioner's designee, who shall 32
serve as cochair. 33
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Page 2 Senate Bill 639-Fifth Edition
(3) The Forest Supervisor of the United States Forest Service or the Forest 1
Supervisor's designee. 2
(4) The State Director of the Wildlife Services Division of the An imal and Plant 3
Health Inspection Service of the United States Department of Agriculture or 4
the State Director's designee. 5
(5) A representative of the North Carolina Pork Council. 6
(6) A representative of the North Carolina Veterinary Medical Association. 7
(7) A representative of the North Carolina Cattlemen's Association. 8
(8) The President of the North Carolina Farm Bureau Federation, Inc., or the 9
President's designee. 10
(9) A representative of the North Carolina Wildlife Federation. 11
(10) A representative of the North Carolina Forestry Association. 12
SECTION 2.(b) The Feral Swine Working Group shall develop a statewide plan to 13
control feral swine damage on private and public lands. The Feral Swine Working Group shall 14
act in an advisory capacity to the Wildlife Resources Commission. In developing the plan, the 15
Working Group shall do all of the following: 16
(1) Orient the plan primarily toward public health and safety and toward 17
landowner assistance, providing some relief to landowners through feral 18
swine control, management, and eradication. 19
(2) Develop a system for sharing data and information as well as documenting all 20
activities associated with feral swine damage control efforts, so as to facilitate 21
evaluation of efforts. 22
(3) Provide educational activities as a part of the program, such as printed 23
materials, on-site instructions, and local workshops. 24
(4) Provide for the hiring of personnel necessary to implement feral swine damage 25
control activities, administer the program, and set salaries of personnel. 26
SECTION 2.(c) No later than January 1 of each year, the Working Group shall issue 27
a report to the Wildlife Resources Commission, the Senate and House Appropriations 28
Subcommittees on Agriculture and Natural and Economic Resources, and the Fiscal Research 29
Division on the results of the program during the preceding year. 30
SECTION 2.(d) The Wildlife Resources Commission shall implement the plan and 31
may enter a cooperative agreement with the Wildlife Services Division of the Animal and Plant 32
Health Inspection Service, the United States Department of Agriculture, the North Carol ina 33
Department of Agriculture and Consumer Services, and other relevant agencies or organizations 34
to accomplish the plan. 35
36
ALLOW DENIAL OF SPECIAL USE PERMITS FOR NEGATIVE IMPACT ON 37
AGRICULTURAL PRODUCTION 38
SECTION 4. G.S. 160D-705(c) reads as rewritten: 39
"(c) Special Use Permits. – The regulations may provide that the board of adjustment, 40
planning board, or governing board hear and decide special use permits in accordance with 41
principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 42
appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 43
such conditions may include requirements that street and utility rights-of-way be dedicated to the 44
public and that provision be made for recreational space and facilities. A board of adjustment, 45
planning board, or governing board may deny a special use permit for a property that (i) is owned 46
by a business entity and (ii) the business entity has owned the property for less than three years, 47
on the basis that the proposed land use will have a negative impact on agricultural production 48
within the local government's jurisdiction; provided, however, that such authority shall not apply 49
where the primary purpose of the proposed land use is (i) the construction of buildings or 50
structures subject to the North Carolina Residential Code , (ii) use by an electric supplier, as 51
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Senate Bill 639-Fifth Edition Page 3
defined in G.S. 62-110.2(a)(3), or (iii) use by a natural gas local distribution company. Conditions 1
and safeguards imposed under this subsection shall not include requirements for which the local 2
government does not have authority under statute to regulate nor requirements for which the 3
courts have held to be unenforceable if imposed directly by the local government, including, 4
without limitation, taxes, impact fees, building design elements within the scope of 5
G.S. 160D-702(b), driveway -related improvements in excess of those allowed in 6
G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or 7
use of land. 8
…." 9
10
REPEAL VIOLATION POINTS SYSTEM APPLICABLE TO SWINE FARMS 11
SECTION 5. G.S. 143-215.6E is repealed. 12
13
SWINE FARM SITING ACT TECHNICAL CORRECTION 14
SECTION 6.(a) G.S. 106-803(a2) reads as rewritten: 15
"(a2) No component of a liquid animal waste ma nagement system for which a permit is 16
required under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the General Statutes, other 17
than a land application site, shall be constructed on land that is located within the 100 -year 18
floodplain." 19
SECTION 6.(b) G.S. 106-805 reads as rewritten: 20
"§ 106-805. Written notice of swine farms. 21
Any person who intends to construct a swine farm whose animal waste management system 22
is subject to a permit under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the Genera l 23
Statutes shall, after completing a site evaluation and before the farm site is modified, notify all 24
adjoining property owners; all property owners who own property located across a public road, 25
street, or highway from the swine farm; the county or counties in which the farm site is located; 26
and the local health department or departments having jurisdiction over the farm site of that 27
person's intent to construct the swine farm. This notice shall be by certified mail sent to the 28
address on record at the property tax office in the county in which the land is located. Notice to 29
a county shall be sent to the county manager or, if there is no county manager, to the chair of the 30
board of county commissioners. Notice to a local health department shall be sent to t he local 31
health director. The written notice shall include all of the following: 32
(1) The name and address of the person intending to construct a swine farm. 33
(2) The type of swine farm and the design capacity of the animal waste 34
management system. 35
(3) The n ame and address of the technical specialist preparing the waste 36
management plan. 37
(4) The address of the local Soil and Water Conservation District office. 38
(5) Information informing the adjoining property owners and the property owners 39
who own property located across a public road, street, or highway from the 40
swine farm that they may submit written comments to the Division of Water 41
Resources, Department of Environmental Quality." 42
43
AMEND ELIGIBILITY CRITERIA FOR ANIMAL WASTE FERTILIZER 44
CONVERSION COST-SHARE PROGRAM 45
SECTION 7. Section 10.4(e) of S.L. 2023-134 reads as rewritten: 46
"SECTION 10.4.(e) Definitions. – The following definitions apply in this section: 47
(1) Eligible entity. – Any person who owns or operates an anaerobic lagoon or 48
other liquid animal waste management system treating animal waste from a 49
livestock operation that generates sludge suitable for conversion into fertilizer 50
products.products, or any person converting sludge from an anaerobic lagoon 51
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or other liquid animal waste management system treating animal waste from 1
a livestock operation into fertilizer products. 2
(2) Eligible project. – Costs associated with the site engineering, permitting, 3
acquisition, or installation of sludge collection and processing equipment 4
needed for production of fertilizers and other soil additives meeting applicable 5
State and federal requirements for use in agricultural operations. 6
(3) Foundation. – The NC Foundation for Soil and Water Conservation, Inc., a 7
nonprofit corporation. 8
(4) Livestock. – Cattle, sheep, swine, goats, farmed cervids, or bison. 9
(5) Person. – Any individual, trust, estate, partnership, receiver, association, 10
company, limited liability company, corporation, or other entity or group. 11
(6) Program. – The Animal Waste Fertilizer Conversion C ost-Share Program 12
created by this section." 13
14
CLARIFY SPECIES SUSCEPTIBLE TO CHRONIC WASTING DISEASE 15
SECTION 8. G.S. 106-549.97 reads as rewritten: 16
"§ 106-549.97. Regulation by Department of Agriculture and Consumer Services of farmed 17
cervids produced and sold for commercial purposes; definitions. 18
(a) Repealed by Session Laws 2015-263, s. 14(a), effective September 30, 2015. 19
(a1) The following definitions apply in this Article: 20
(1) Commission. – The North Carolina Wildlife Resources Commission. 21
(2) Department. – The North Carolina Department of Agriculture and Consumer 22
Services. 23
(3) Farmed Cervid. – Any cervid, as defined by the USDA Standards, that is 24
susceptible to Chronic Wasting Disease, or any other member of the Cervidae 25
family that is not susceptible to Chronic Wasting Disease, that is held in 26
captivity and produced, bought, or sold for commercial purposes. Cervids that 27
are susceptible to Chronic Wasting Disease are those set forth in 9 C.F.R. § 28
55.1. With regard to cervids that are susceptible to Chronic Wasting Disease, 29
the term "farmed cervid" shall only include any cervid that was bred in 30
captivity and has been continuously maintained within a herd that is enrolled 31
in and complies with a USDA -approved Herd Certification Program. Any 32
animal register ed or tagged in any licensed captive cervid facility existing 33
within the State as of July 1, 2015, is deemed to be a farmed cervid. 34
(4) Non-Farmed Cervid. – All animals in the family Cervidae other than farmed 35
cervids. 36
(5) USDA. – The United States Department of Agriculture. 37
(6) USDA Standards. – The United States Department of Agriculture's Chronic 38
Wasting Disease Program Standards, May 2014 edition, and subsequent 39
updates. 40
(a2) The Department of Agriculture and Consumer Services shall regulate the production, 41
sale, possession, and transportation, including importation and exportation, of farmed cervids. 42
The Department shall have sole authority with regard to farmed cervids, including administration 43
of the North Carolina Captive Cervid Herd Certification Pr ogram. The Department shall allow 44
the sale of farmed cervids, whether alive or dead, whole or in part, including, but not limited to, 45
the sale of antlers, antler velvet, hides, or meat from captive populations of farmed cervids. The 46
Department shall follow the USDA Standards and the provisions set forth in 9 C.F.R. Part 55 and 47
9 C.F.R. Part 81 in the implementation of this Article with regard to cervids susceptible to 48
Chronic Wasting Disease. The Department may adopt rules to implement this Article, including, 49
but not limited to, requirements for captivity licenses, captivity permits, transportation permits, 50
importation permits, and exportation permits. The Department may issue new captivity licenses 51
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or permits for farmed cervid facilities that will hold cer vids susceptible to Chronic Wasting 1
Disease only if Chronic Wasting Disease-susceptible source animals are from a certified herd in 2
accordance with USDA Standards from an existing licensed facility. Nothing in this section shall 3
limit the Department's abil ity to issue new captivity licenses and permits for farmed cervid 4
facilities that will hold cervids that are not susceptible to Chronic Wasting Disease. Any cervid 5
that is not susceptible to Chronic Wasting Disease as set forth in 9 C.F.R. § 55.1 may be imported 6
into the State to any licensed captive cervid facility. The Department shall not issue an 7
importation permit for any farmed cervid from a Chronic Wasting Disease-positive, exposed, or 8
suspect farmed cervid facility. Until such time as the USDA has adopted an approved method of 9
testing for Chronic Wasting Disease in living cervids, cervids susceptible to Chronic Wasting 10
Disease shall not be imported into North Carolina. 11
…." 12
13
MODIFY REQUIREMENTS FOR COMPOSTING OF EQUINE AND BOVINE 14
MORTALITY 15
SECTION 9.(a) Definitions. – For purposes of this section, "Disposal Systems Rule" 16
means 15A NCAC 02T .0113 (Permitting By Regulation). 17
SECTION 9.(b) Disposal Systems Rule. – Until the effective date of the revised 18
permanent rules that the Environmental Management Commission is required to adopt pursuant 19
to subsection (d) of this section, the Commission shall implement the Disposal Systems Rule as 20
provided in subsection (c) of this section. 21
SECTION 9.(c) Implementation. – Notwithstanding any provision of Subchap ter 22
02T of Title 15A of the North Carolina Administrative Code, and in addition to all disposal 23
systems permitted by regulation pursuant to subsection (a) of the Disposal Systems Rule on the 24
date this section becomes effective, the Environmental Management Commission shall also deem 25
a disposal system to be permitted pursuant to G.S. 143-215.1(b) and not require individual 26
permits or coverage under a general permit if the disposal system meets all of the following 27
criteria: 28
(1) The disposal system is used for equine or bovine composting. 29
(2) The disposal system does not result in any violations of surface water or 30
groundwater standards. 31
(3) The disposal system does not directly discharge to surface waters. 32
(4) The construction and operation of facilities, if any are included in the disposal 33
system, are approved by the North Carolina Department of Agriculture and 34
Consumer Services. 35
(5) The disposal system is approved by the State Veterinarian pursuant to 36
G.S. 106-403. 37
(6) In the event of an imminent threat of a contagious animal disease, any 38
emergency measure or procedure related to composting of animal mortality 39
pursuant to G.S. 106-399.4(a) is authorized. 40
SECTION 9.(d) Additional Rulemaking Authority. – The Commission shall adopt 41
a rule to amend the Disposal Systems Rule consistent with subsection (c) of this section. 42
Notwithstanding G.S. 150B-19(4), the amendment to the Disposal Systems Rule adopted by the 43
Commission pursuant to this section shall be substantively identical to the provisions of 44
subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of 45
Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall 46
become effective as provided in G.S. 150B-21.3(b1), as though 10 or more written objections 47
had been received as provided in G.S. 150B-21.3(b2). 48
SECTION 9.(e) Sunset. – This section expires when permanent rules adopted as 49
required by subsection (d) of this section become effective. 50
51
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ALLOW EXCUSED SCHOOL ABSENCES FOR EQUESTRIAN COMPETITIONS AND 1
OTHER AGRICULTURAL EVENTS 2
SECTION 10. G.S. 115C-379 reads as rewritten: 3
"§ 115C-379. Method of enforcement. 4
(a) It shall be the duty of the State Board of Education to formulate the rules that may be 5
necessary for the proper enforcement of the provisions of this Part. The Board shall prescribe (i) 6
what shall constitute unlawful absence, (ii) what causes may constitute legitimate excuses for 7
temporary nonattendance due to a student's physical or mental inability to attend or a student's 8
participation in a valid educational opportunity such as service as a legislative page or a 9
Governor's page, and (iii) under what circumstances teachers, principals, or superintendents may 10
excuse pupils for nonattendance due to immediate demands of the farm or the home in certain 11
seasons of the year in the several sections of the State. 12
(b) In addition to any excused absences authorized pursuant to subsection (a) of this 13
section, the rules shall require school principals to authorize the following excused absences: 14
(1) Religious observance. – A minimum of two excused absences each academic 15
year for religious observances required by the faith of a student or the student's 16
parent or legal guardian. 17
(2) Military leave. – A minimum of two excused absences each academic year, if 18
all of the following conditions are met: 19
a. The student's parent or legal guardian is an active duty member of the 20
uniformed services, as defined by Article 29B of this Chapter, the 21
Interstate Compact on Educational Opportunity for Military Children. 22
b. The student's parent or legal guardian has been called to duty for, is on 23
leave from, or has immediately returned from deployment to a combat 24
zone or combat support posting. 25
c. The student is not identified by the local school administrative unit as 26
at risk of academic failure because of unexcused absences. 27
(3) Equestrian and agricultural events. – A minimum of two excused absences 28
each academic year for participation in equestrian sporting events, livestock 29
shows, or similar agricultural events. 30
The rules may require that the student's parent or legal guardian give the principal written 31
notice of the request for an excused absence a reasonable time prior to the religious observance 32
or military leave. observance, military leave, or equestrian and agricultural event. The student 33
shall be given the opportunity to make up any tests or other work missed due to an excused 34
absence for a religious observance or military leave. 35
(c) It shall be the duty of all school officials to carry out such instructions from the State 36
Board of Education, and any school official failing to carry out such instructions shall be guilty 37
of a Class 3 misdemeanor: Provided, that the compulsory attendance law herein prescribed shall 38
not be in force in any local school adm inistrative unit that has a higher compulsory attendance 39
feature than that provided herein." 40
41
ADD NEW HANOVER AND PENDER TO HIGH HAZARD COUNTIES FOR OPEN 42
BURNING 43
SECTION 11. G.S. 106-942 reads as rewritten: 44
"§ 106-942. High hazard counties; permits required; standards. 45
(a) The provisions of this section apply only to the counties of Beaufort, Bladen, 46
Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Duplin, Gates, Hyde, Jones, 47
New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington 48
which are classified as high hazard counties in accordance with G.S. 106-940. 49
(b) It is unlawful for any person to willfully start or cause to be started any fire in any 50
woodland under the protection of the Department or within 500 feet of any such woodland 51
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without first having obtained a permit from the Department. Permits for starting fires may be 1
obtained from forest rangers or other agents authorized by the forest ranger to issue such permits 2
in the county in which the fire is to be started. Such permits shall be issued by the ranger or other 3
agent unless permits for the area in question have been prohibited or cancelled in accordance 4
with G.S. 106-944 or G.S. 106-946. 5
…." 6
7
ALLOW PESTICIDE BOARD TO ADJUST ANNUAL ASSESSMENT FOR 8
REGISTERED PESTICIDES 9
SECTION 12. G.S. 143-442 reads as rewritten: 10
"§ 143-442. Registration. 11
(a) Every pesticide prior to being distributed, sold, or offered for sale within this State or 12
delivered for transportation or transported in intrastate commerce or between points within this 13
State through any point outside this State shall be registered in the office of the Board, and such 14
registration shall be renewed annually before January 1 for the ensuing calendar year. Beginning 15
in 1988, the Board may by rule adopt a system of staggered three-year registrations. The applicant 16
for registration shall file with the Board a statement that includes all of the following: 17
(1) The name and address of the applicant and the name and address of the person 18
whose name will appear on the label, if other than the applicant. 19
(2) The name of the pesticide. 20
(3) A complete copy of the labeling accompanying the pesticide and a statement 21
of all claims to be made for it including directions for use. 22
(4) If requested by the Board, a f ull description of the tests made and the results 23
thereof upon which the claims are based. 24
(5) In the case of renewal of registration, a statement with respect to information 25
which is different from that furnished when the pesticide was last registered. 26
(6) Repealed by Session Laws 2011 -239, s. 1, effective June 23, 2011, and 27
applicable to applications for registration or renewals of registration filed on 28
or after that date. 29
(7) Any other information needed by the Board to determine the amount of annual 30
assessment payable by the applicant. 31
(b) The applicant shall pay an annual registration fee of one hundred fifty dollars 32
($150.00) plus an additional annual assessment for each brand or grade of pesticide registered. 33
The annual assessment shall be fifty dollars ($50.00) if the applicant's gross sales of the pesticide 34
in this State for the preceding 12 months for the period ending September 30th were more than 35
five thousand dollars ($5,000.00) and twenty -five dollars ($25.00) if gross sales were less than 36
five thousand dollars ($5,000.00). set by the Board, not to exceed one hundred twenty-five dollars 37
($125.00). An additional two hundred dollars ($200.00) delinquent registration penalty shall be 38
assessed against the registrant for each brand or grade of pesticide which is marketed in North 39
Carolina prior to registration as required by this Article. In the case of multi-year registration, the 40
annual fee and additional assessment for each year shall be paid at the time of the initial 41
registration. The Board shall give a pro rata refund of the registration fee and additional 42
assessment to the registrant in the event that registration is canceled by the Board or by the United 43
States Environmental Protection Agency. 44
…." 45
46
LIQUID PETROLEUM GAS ENFORCEMENT AUTHORITY 47
SECTION 13. G.S. 119-57 reads as rewritten: 48
"§ 119 -57. Administration of Article; rules and regulations given force and effect of 49
law.law; powers. 50
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(a) It shall be the duty of the Commissioner Commissioner, or agents of the 1
Commissioner, to administer all the provisions of this Article and all the rules and regulations 2
made and promulgated under this Article; to conduct inspections of liquefied petroleum gas 3
containers and installations; to investigate for violations of this Article and the rules and 4
regulations adopted pursuant to the provisions thereof, and to prosecute violations of this Article 5
or of such rules and regulations adopted pursuant to the provisions thereof. 6
(b) When necessary for the enforcement of this Chapter or rules adopted pursuant to this 7
Chapter, the Commissioner or the Commissioner 's authorized agents shall have the authority to 8
do all of the following: 9
(1) Access the premises and records of any place where liquefied petroleum 10
products are stored for the purpose of conducting an inspection or examining 11
any documentation related to the transport, sale, safety, and storage of 12
liquefied petroleum gases. 13
(2) Issue stop-sale, hold, and removal orders for any equipment used to dispense, 14
store, or transport liquefied petroleum gases that is found in violati on of the 15
provisions of this Chapter or rules adopted pursuant to this Chapter. 16
(3) Recall a vehicle used for the delivery of liquefied petroleum gas back to its 17
original point of dispatch for inspection upon receipt of a consumer 18
complaint." 19
20
PUBLIC WEIGHMASTER MODERNIZATION 21
SECTION 14.(a) G.S. 81A-52 reads as rewritten: 22
"§ 81A-52. License. 23
All public weighmasters shall be licensed. Any person not less than 18 years of age who 24
wishes to be a public weighmaster shall apply to the Department on a form provided by the 25
Department. A person operating as a public weighmaster outside of this State shall include with 26
the person's application for licensure in this State a copy of the most recent weighing device 27
inspection report performed by the person's local or state weights and measures officials within 28
the 12-month period immediately preceding the date of application. The Board may adopt rules 29
for determining the qualifications of the applicant for a license. Public weighmasters shall be 30
licensed for a period of one year beginning the first day of July and ending on the thirtieth day 31
of June, day the application is processed, and a fee of nineteen dollars ($19.00) twenty-five 32
dollars ($25.00) shall be paid for each person licensed at the time of the filing of the application." 33
SECTION 14.(b) G.S. 81A-54 reads as rewritten: 34
"§ 81A-54. Official seal of the public weighmaster. 35
(a) It shall be the duty of every public weighmaster to obtain from the Department an 36
official seal for the sum of six dollars ($6.00), inscribed with the following words: that contains 37
the following information: 38
(1) "North Carolina Public Weighmaster" and any other design or legend the 39
Commissioner considers necessary. Weighmaster." 40
(2) The weighmaster's name. 41
(3) The assigned weighmaster license number. 42
(4) The expiration date of the weighmaster license. 43
(b) The seal shall be stamped or impressed on every certificate issued pursuant to this 44
Article. When an electronic stamp is used, the weighmaster's signature shall be captured using 45
either of the following: 46
(1) Software that requires the user to sign in prior to adding the electron ic 47
signature to the certificate. 48
(2) An electronic signature pad that captures the signature live and then transfers 49
it to the certificate. 50
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(c) The weighers of tobacco in leaf tobacco warehouses may use, instead of the seal, their 1
signatures in ink or other indelible substance posted in a conspicuous and accessible place in the 2
warehouse. All seals remain the property of the State and shall be returned to the Commissioner 3
upon termination of duties as a public weighmaster." 4
5
DIRECT AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION TO 6
STUDY LOW-HANGING COMMUNICATION LINES 7
SECTION 15. The Agriculture and Forest ry Awareness Study Commission shall 8
collect information on communication lines that fall below the minimum height requirement and 9
create a public safety hazard, particularly to agricultural operations. In conducting the study, the 10
Commission shall seek input from the Office of Broadband Infrastructure of the Department of 11
Information Technology, telecommunications companies, agricultural trade associations, 12
commodity organizations, electric cooperatives, electric utility companies, third -party 13
contractors, and any other stakeholders the Commission deems necessary. The Commission shall 14
report its findings, including any recommendations or proposed legislation, prior to the 15
convening of the 2026 Regular Session of the General Assembly. 16
17
REDUCE PENALTY FOR CERTAIN SHELLFISH AQUACULTURE VIOLATIONS 18
SECTION 16.(a) G.S. 113-187 reads as rewritten: 19
"§ 113-187. Penalties for violations of Subchapter and rules. 20
(a) Any person who participates in a commercial fishing operation conducted in violation 21
of any provision of this Subchapter and its implementing rules or in an operation in connection 22
with which any vessel is used in violation of any provision of this Subchapter and its 23
implementing rules is guilty of a Class A1 misdemeanor. 24
(b) Any owner of a vessel who know ingly permits it to be used in violation of any 25
provision of this Subchapter and its implementing rules is guilty of a Class A1 misdemeanor. 26
(c) Any person in charge of a commercial fishing operation conducted in violation of any 27
provision of this Subchapt er and its implementing rules or in charge of any vessel used in 28
violation of any provision of this Subchapter and its implementing rules is guilty of a Class A1 29
misdemeanor. 30
(d) Any person in charge of a commercial fishing operation conducted in violation of the 31
following provisions of this Subchapter or the following rules of the Marine Fisheries 32
Commission; and any person in charge of any vessel used in violation of the following provisions 33
of the Subchapter or the following rules, shall be guilty of a C lass A1 misdemeanor. The 34
violations of the statute or the rules for which the penalty is mandatory are: 35
(1) Taking or attempting to take, possess, sell, or offer for sale any oysters, 36
mussels, or clams taken from areas closed by statute, rule, or proclamat ion 37
because of suspected pollution. 38
(2) Taking or attempting to take or have in possession aboard a vessel, shrimp 39
taken by the use of a trawl net, in areas not opened to shrimping, pulled by a 40
vessel not showing lights required by G.S. 75A-6 after sunset and before 41
sunrise. 42
(3) Using a trawl net in any coastal fishing waters closed by proclamation or rule 43
to trawl nets. 44
(4) Violating the provisions of a special permit or gear license issued by the 45
Department. 46
(5) Using or attempting to use any trawl net, l ong haul seine, swipe net, 47
mechanical methods for oyster or clam harvest or dredge in designated 48
primary nursery areas. 49
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(e) Any person who takes menhaden or Atlantic thread herring by the use of a purse seine 1
net deployed by a mother ship and one or more runner boats in coastal fishing waters is guilty of 2
a Class A1 misdemeanor. 3
(f) Notwithstanding subsection (a) or subdivision (d)(4) of this section , any person who 4
operates a shellfish aquaculture operation who commits any of the following violations shall be 5
punished as follows: 6
(1) For an improperly marked shellfish lease area , a first offense shall be 7
punishable only by issuance of a warning ticket pursuant to G.S. 113-140. A 8
second offense within one month of the issuance of a warning ticket shall be 9
punishable as an infraction as provided in G.S. 14-3.1. A third offense within 10
one month of the issuance of a warning ticket shall be punishable as a Class 3 11
misdemeanor. 12
(2) For operating under an expired aquaculture operation permit, if the violation 13
occurs within one month of the expiration of the permit, the violation shall be 14
punishable only by issuance of a warning ticket pursuant to G.S. 113-140. 15
(3) For operating under an expired shellfish lease agreement, if the violation 16
occurs within one month of the expiration of the agreement, the violation shall 17
be punishable only by issuance of a warning ticket pursuant to G.S. 113-140." 18
SECTION 16.(b) This section becomes effective December 1, 2025, and applies to 19
offenses committed on or after that date. 20
21
DACS LAW ENFORCEMENT OFFICER JURISDICTION 22
SECTION 17. G.S. 106-900 reads as rewritten: 23
"§ 106-900. Powers of Department of Agriculture and Consumer Services law-enforcement 24
officers. 25
(a) Authorization to Appoint. – The Commissioner is authorized to app oint as many 26
Department of Agriculture and Consumer Services law enforcement officers as he or she deems 27
necessary to investigate and enforce any violation of the laws within the authority of the 28
Department or which occur on Department property. necessary. Such officers shall meet the 29
requirements of Article 1 of Chapter 17C of the General Statutes and shall take the oath of office 30
prescribed by Section 7 of Article VI of the North Carolina Constitution. Of these officers, the 31
Commissioner may designate certain officers to also have the powers and the duties of a forest 32
ranger enumerated in G.S. 106-898 and G.S. 106-899 and the power to enforce the forest laws. 33
A Department law enforcement officer may arrest, without warrant, any person or persons 34
committing any crime in the officer's presence or who such officer has probable cause for 35
believing has committed a crime in the officer's presence and bring such person or persons 36
forthwith before a district court or other officer having jurisdiction. Department law enforcement 37
officers shall also have authority to obtain and serve warrants including warrants for violation of 38
any duly promulgated rule of the Department. 39
(b) Territorial Jurisdiction. – A Department law enforcement officer is a State officer 40
with jurisdiction throughout the State, and beyond its boundaries to the extent provide d by law, 41
in enforcing all matters within his or her respective subject matter jurisdiction as set forth in this 42
section. 43
(c) Subject Matter Jurisdiction. – After taking the oath described in subsection (a) of this 44
section, a Department law enforcement officer shall have the authority to arrest and take other 45
investigatory and enforcement actions for any criminal offense meeting any of the following 46
criteria: 47
(1) Occurring, enc ountered, or otherwise discovered on the premises of, or 48
elsewhere when the conduct relates to, property owned by, leased to, or 49
managed by the Department. 50
General Assembly Of North Carolina Session 2025
Senate Bill 639-Fifth Edition Page 11
(2) Provided for under this Chapter, including the forest laws as set forth in 1
G.S. 106-897. 2
(3) Provided for in any duly adopted rule of the Department. 3
(4) Encountered or otherwise discovered while investigating or enforcing matters 4
for the Depart ment or encountered or otherwise discovered while 5
investigating or enforcing the provisions of this Chap ter, including the forest 6
laws as set forth in G.S. 106-897 and any duly adopted rule of the Department. 7
(5) Encountered or otherwise discovered while carrying out any duty or function 8
assigned to the Department by law. 9
(6) Occurring in a Department law enforcement officer's presence. 10
(7) Occurring outside of a Department law enforcement officer 's presence as 11
provided in G.S. 15A-401(b), and for other offenses evincing a flouting of 12
their authority as enforcement officers or constituting a threat to public peace 13
and order which would tend to subvert the authority of the State if ignored. In 14
particular, Department law enforcement officers are authorized to arrest for 15
violations of G.S. 14-223, 14-225, 14-269, and 14-277. 16
(8) When assisting another law enforcement agency. 17
(d) Authority. – Department law enforcement officers have authority as peace officers to 18
do all of the following: 19
(1) Execute criminal process. 20
(2) Obtain and serve warrants, including arrest warrants, search warrants, orders 21
for arrest , criminal summonses, citations, subpoenas, and warrants for 22
violation of any duly adopted rule of the Department, and all other process 23
connected with any cases within their subject matter jurisdiction. 24
(3) Respond to and take enforcement action for any c rime of violence or breach 25
of the peace. 26
(4) Any additional duties as may from time to time be directed by the 27
Commissioner when needed for security purposes at a public event or to 28
protect persons or property because of a disaster or state of emergency. 29
(e) Primary Responsibilities. – The primary law enforcement responsibility of a 30
Department law enforcement officer is the enforcement of this Chapter, including the forest laws 31
as set forth in G.S. 106-897 and any duly adopted rule of the Department. 32
(f) Service of Orders. – Department law enforcement officers have the authority to serve 33
and execute notices, orders, or demands issued by the Commissioner, the Department, or the 34
Board of Agriculture relating to any administrative proceeding. While serving and executing such 35
notices, orders, or demands, Department law enforcement officers shall have all of the power and 36
authority possessed by law enforcement officers when executing an arrest warrant. 37
(g) Temporary Stops. – Department law enforcement officers ar e authorized to stop 38
temporarily any persons they reasonably believe to be engaging in any activity regulated by the 39
Department to determine whether the activity is being conducted in compliance with the law, 40
including license and permitting requirements. Department law enforcement officers are also 41
authorized to see that the provisions of Chapter 20 of the General Statutes are enforced within 42
their jurisdiction and shall have the power to arrest on sight or upon warrant any mot or vehicle 43
upon the highways of the State for the purpose of determining whether the motor vehicle is being 44
operated in violation of any of the provisions of Chapter 20 of the General Statutes. If the person 45
stopped is in a motor vehicle being driven at the time and the Department law enforcement officer 46
is also in a motor vehicle, the Department law enforcement officer shall sound a siren or activate 47
a special light, bell, horn, or exhaust whistle approved for law enforcement vehicles under 48
G.S. 20-125(b)." 49
50
General Assembly Of North Carolina Session 2025
Page 12 Senate Bill 639-Fifth Edition
INCREASE PENALTY FOR A SE COND OR SUBSEQUENT OFFENSE FOR 1
LARCENY OF CROPS AND FOR ROBBING OR INJURING AQUACULTURE 2
OPERATIONS 3
SECTION 18.(a) G.S. 14-78 reads as rewritten: 4
"§ 14-78. Larceny of ungathered crops. 5
(a) If It is unlawful for any person shall to steal or feloniously take and carry away any 6
maize, corn, wheat, rice or other grain, or any cotton, tobacco, potatoes, peanuts, pulse, fruit, 7
vegetable or other product cultivated for food or market, growing, standing or remaining 8
ungathered in any field or ground, that person is guilty of a Class H felony.ground. 9
(b) A violation of this section is punishable as follows: 10
(1) For a first offense under this section, the person is guilty of a Class H felony, 11
punishable by a fine of not less than two hundred f ifty dollars ($250.00) in 12
addition to any other punishment prescribed for the offense. 13
(2) For a second or subsequent offense under this section, the person is guilty of 14
a Class G felony , punishable by a fine of not less than five hundred dollars 15
($500.00) in addition to any other punishment prescribed for the offense." 16
SECTION 18.(b) G.S. 113-218 reads as rewritten: 17
"§ 113-218. Protection of private marine aquaculture rights. 18
(a) Offense. – It is unlawful for any person, other than the holder of a lease issued under 19
this Article, to take or attempt to take marine species being produced under the license and 20
associated lease from any privately leased, franchised, or deeded marine aquaculture o peration 21
without written authorization of the holder and with actual knowledge it is a marine aquaculture 22
leased area. The written authorization shall include the lease number or deed reference, name and 23
address of authorized person, date of issuance, and date of expiration, and it must be signed by 24
the holder of the marine aquaculture rights. Actual knowledge will be presumed when the marine 25
species are taken or attempted to be taken under either of the following circumstances: 26
(1) From within the confines of posted boundaries of the area as identified by 27
signs, whether the whole or any part of the area is posted; or posted. 28
Identification signs shall include the lease number or deed reference and the 29
name of the holder. 30
(2) When the area has been regularly posted and identified and the person knew 31
the area to be the subject of private marine aquaculture rights. 32
(b) Penalty. – A violation of this subsection section shall be punishable as follows: 33
(1) For a first offense, the person is guilty of a Class H felony, punishable by a 34
fine of not less than two hundred fifty dollars ($250.00) in addition to any 35
other punishment prescribed for the offense. 36
(2) For a second or subsequent offense, the person is guilty of a Class G felony, 37
punishable by a fine of not less than five hundred dollars ($500.00) in addition 38
to any other punishment prescribed for the offense. 39
shall constitute a Class A1 misdemeanor, which may include a fine of not more than five 40
thousand dollars ($5,000). The written authorization shall incl ude the lease number or deed 41
reference, name and address of authorized person, date of issuance, and date of expiration, and it 42
must be signed by the holder of the marine aquaculture rights. Identification signs shall include 43
the lease number or deed reference and the name of the holder." 44
SECTION 18.(c) G.S. 113-269 reads as rewritten: 45
"§ 113-269. Robbing or injuring hatcheries and other aquaculture operations. 46
(a) The definitions established in G.S. 106 -758 are incorporated by reference into this 47
section. For the purposes of this section, a shellfish lease issued pursuant to G.S. 113 -202 is 48
defined as an aquaculture facility only when it has been amended pursuant to G.S. 113 -202.1 to 49
authorize use of the water column and when it is or has been regularly posted and identified in 50
accordance with the rules of the Marine Fisheries Commission. 51
General Assembly Of North Carolina Session 2025
Senate Bill 639-Fifth Edition Page 13
(b) It is unlawful for any person without the authority of the owner of an aquaculture 1
facility to take fish or aquatic species being cultivated or reared by the owner from an aquaculture 2
facility. 3
(c) It is unlawful for any person to receive or possess fish or aquatic species stolen from 4
an aquaculture facility while knowing or having reasonable grounds to believe that the fish or 5
aquatic species are stolen. 6
(d) It is unlawful for any person to willfully destroy or injure an aquaculture facility or 7
aquatic species being reared in an aquaculture facility. 8
(e) Violation of subsections (b) or subsection (c) for fish or aquatic species valued at 9
more than four hundred dollars ($400.00) is punishable under G.S. 14 -72. Violation of 10
subsections (b) or subsection (c) for fish or aquatic species valued at four hundred dollars 11
($400.00) or less is a Class 1 misdemeanor. 12
(f) Violation of subsection subsections (b) or (d) is a Class 1 misdemeanor.punishable as 13
follows: 14
(1) For a first offense, the person is guilty of a Class H felony, punishable by a 15
fine of not less than two hundred fifty dollars ($250.00) in addition to any 16
other punishment prescribed for the offense. 17
(2) For a second or subsequent offense, the person is guilty of a Class G felony, 18
punishable by a fine of not less than five hundred dollars ($500.00) in addition 19
to any other punishment prescribed for the offense. 20
(g) In deciding to impose any sentence other than a n active prison sentence, the 21
sentencing judge shall consider and may require, in accordance with G.S. 15A -1343, restitution 22
to the victim for the amount of damage to the aquaculture facility or aquatic species or for the 23
value of the stolen fish or aquatic species. 24
(h) The district attorney shall dismiss any case brought pursuant to subsections (b) and 25
(c) if defendant produces a notarized written authorization for taking fish or aquatic species from 26
the aquaculture facility or if the fish or aquatic speci es taken from a shellfish lease aquaculture 27
facility was not a shellfish authorized for cultivation on the lease." 28
SECTION 18.(d) This section becomes effective December 1, 2025, and applies to 29
offenses committed on or after that date. 30
31
LIMIT LIABILITY FOR FIFRA-COMPLIANT LABELING 32
SECTION 19.(a) G.S. 99B-5 is amended by adding a new subsection to read: 33
"(d) Notwithstanding subsection (a) of this section, the duty of a manufacturer or seller of 34
a pesticide to warn a consumer or the public about the risks associated with the pesticide shall be 35
presumed to be satisfied if the pesticide bears the label approved by the United States 36
Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act 37
(FIFRA) (7 U.S.C. § 136 et seq.) and the pesticide is registered with the Pesticide Board pursuant 38
to G.S. 143-442. This presumption may be rebutted only by a showing that the weight of the 39
scientific evidence does not support the scientific basis on which the required warnin g is 40
premised and that the manufacturer or seller knew or should have known at the time the pesticide 41
was sold that the required warning was not supported by the weight of scientific evidence. At a 42
minimum, evidence to rebut the presumption shall be academ ically peer reviewed, published in 43
a recognized academic journal, capable of replication , and reflected by a reliable application of 44
scientific principles and methods to the risks associated with the use of the product." 45
SECTION 19.(b) This section is eff ective when it becomes law and applies to 46
actions filed on or after that date. 47
48
ADD CERTAIN COMPOSTING FACILITIES TO THE DEFINITION OF 49
"AGRICULTURE" 50
SECTION 21. G.S. 106-581.1 reads as rewritten: 51
General Assembly Of North Carolina Session 2025
Page 14 Senate Bill 639-Fifth Edition
"§ 106-581.1. Agriculture defined. 1
For purposes of this Article, the terms "agriculture", "agricultural", and "farming" refer to all 2
of the following: 3
… 4
(8) The production, processing, storage, use, and sale of compost for agricultural, 5
residential, or commercial purposes by a permitted Sma ll or Large Type 1, 6
Type 2, or Type 3 composting facility as defined in rules adopted by the 7
Environmental Management Commission . For the purposes of this section, 8
compost means a product made from organic plant, animal, or food waste and 9
created through controlled aerobic, biological decomposition of 10
biodegradable materials that, when subject to mesophilic and thermophilic 11
temperatures, stabilizes the carbon content, reduces the viability of pathogens 12
and vector attraction, and when added to soils is beneficial to plant growth." 13
14
PROPANE ASSESSMENT AMENDMENTS 15
SECTION 21.1.(a) G.S. 119-63.4 reads as rewritten: 16
"§ 119-63.4. Referendum. 17
… 18
(c) The amount of the proposed assessment shall be stated on the referendum ballot. The 19
amount may not exceed the maximu m allowable rate of two-tenths of one cent ($.002) 20
three-tenths of one cent ($.003) for each gallon of propane sold in this State by distributors to 21
dealers. 22
… 23
(f) A proposed assessment shall become effective if more than fifty percent (50%) 24
seventy-five percent (75%) of the eligible votes cast by dealers in the referendum are cast in favor 25
of the assessment and if more than fifty percent (50%) seventy-five percent (75%) of the eligible 26
votes cast by distributors in the referendum are cast in favor of the assessment. If the assessment 27
is approved by the referendum, then the Foundation shall notify the Department and the Alliance 28
of the amount of the assessment and the effective date of the assessment. The Department shall 29
notify all distributors and dealers of the assessment." 30
SECTION 21.1.(b) G.S. 119-63.6(a) reads as rewritten: 31
"(a) The Foundation shall use the funds to promote the common good, welfare, and 32
advancement of the propane industry, including, but not limited to, the following activities and 33
programs: education, training, safety compliance, equipment replacement for low -income 34
customers, marketing, advertising, promotion, workforce development, and customer rebates to 35
encourage energy-efficient appliance and equipment purchases by residential, c ommercial, or 36
agricultural consumers. The Foundation shall consult with the Alliance regarding its proposed 37
use of the funds. In addition, the Foundation shall consult with agricultural industry trade 38
associations and other organizations representing agric ultural consumers of propane to ensure 39
that some programs and activities benefit the agriculture industry." 40
SECTION 21.1.(c) Subsection (a) of this section becomes effective January 1, 2026, 41
and applies to referenda conducted on or after that date. The remainder of this section is effective 42
when it becomes law. 43
44
AUTHORIZE USE OF CERTAIN SUBSURFACE WASTEWATER DISPERSAL 45
PRODUCTS FOR STORMWATER AND WASTEWATER STORAGE AND 46
DISPERSAL IN TRAFFIC-RATED AREAS 47
SECTION 21.2. G.S. 130A-343 is amended by adding a new subsection to read: 48
"(j3) Authorize Certain Subsurface Dispersal Products for Use in Traffic-Rated Areas. – A 49
wastewater dispersal product approved pursuant to this section shall be approved for use in 50
stormwater and wastewater storage and dispersal under areas subject to vehicular traffic and 51
General Assembly Of North Carolina Session 2025
Senate Bill 639-Fifth Edition Page 15
traffic-bearing loads if a professional engineer, licensed pursuant to Chapter 89C, certifies that 1
the product has been designed with a compatible load rating and the product manufacturer has 2
approved the product for use in traffic -rated areas. With respect to approvals already issued by 3
the Department or the Commission that include conditions or requirements regarding locating 4
qualifying subsurface dispersal products in traff ic-rated areas, the Department or Commission, 5
as applicable, shall reissue those approvals, at the written request of the manufacturer, without 6
conditions or requirements regarding locating the product in traffic-rated areas. For the purposes 7
of this section, "traffic -rated areas" does not include Department of Transportation rated areas, 8
but does include driveways and private parking areas with impervious or pervious pavement 9
areas." 10
11
SEVERABILITY CLAUSE AND EFFECTIVE DATE 12
SECTION 22.(a) If any provision of this act or the application thereof to any person 13
or circumstances is held invalid, such invalidity shall not affect other provisions or applications 14
of this act that can be given effect without the invalid provision or ap plication and, to this end, 15
the provisions of this act are declared to be severable. 16
SECTION 22.(b) Except as otherwise provided, this act is effective when it becomes 17
law. 18